MUELLER TRIAL: Midday update, 1/23

One contentious point attorneys repeatedly questioned Perez about whether Mueller took her to the "scuff mark" area or whether authorities allowed him to go there on May 4, 2008. Perez had testified it wasn't until 2009 that Mueller talked about going upstream to see better before going back downstream.

The last photo site is about 10 to 12 feet from the "scuff mark" area. Mueller took them to the last photo site, but not to the area where his glasses were found nearby.

Perez said Mueller never mentioned the aspen, and that she did not ask him about it, but described it as a disturbance on the ground.

DeGeurin read from a transcript taken March 4, 2008, he quoted Mueller say "I don't know if I went out... cut up to the road or went back to the road I came in."

DeGeurin asked if that path, described in the first interview, was consistent with what the bloodhound indicated as Mueller's scent – how it cut across to the road.

"Correct," Perez said.

San Angelo resident Duane Poss, a former Mueller Metals employee of about five years, was to the stand next.

He testified about an employee gathering a few days after Mueller returned from Colorado following Leslie's death. At that time he gave the approximately 12 to 15 employees present an account of what happened.

Poss described the hike, the bluebird and Leslie kneeling to take a photo with Gracie.

"Leslie knelt down with leash under her foot," he said to prosecution to clarify a point in his story.

He said he didn't recall Mueller's story including the first responders or efforts made to resuscitate his wife.

Upon cross examination DeGeurin asked if he was fired from the company for selling his own product to company customers. He also pointed out that the report, taken about a year ago, is now five years after the events leading to Leslie's death. Poss said he read his report, taken by somebody else, twice before coming to court.

"Reading the report didn't refresh your memory or help you in any way.," DeGeurin asked.

"No," Poss said.

"Your memory last year was your memory of something that happened four years ago?"DeGeurin said.

"Yes," he said.

Poss said he was interviewed Feb. 8, 2012 – after he was fired.

Around noon Mountain Time CBI Agent Jack Haynes was called back to the stand to testify about his interview of Wendee Walker-Mueller the day her husband was arrested.

Questions surrounded the portion of the interview where Wendee talked about what Mueller said about the leash. Haynes said investigators asked what the defendant told her about Leslie's death.

"In the context of that discussion.. what did Mrs. Mueller tell you about the position of the leash?" Durkin said.

"That the leash was under Dr. Mueller's foot," Haynes said. "She said the leash was under her foot and she was kind of sitting."

Haynes said the only time she spoke in terms of her own assumption was about Gracie the dog falling over the cliff with Dr. Mueller. She said she "believed" that happened, but wasn't clear.